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Mark Alan Sylvester

Mark Sylvester’s Answers

11 total


  • Do I need to open an Estate to file a mal practice/wrongful death suit on behalf of my father? He lived in Ohio.

    Does the person opening the Estate have to be living in Ohio?

    Mark’s Answer

    This question is somewhat dependent on the laws in the State that you reside. Generally, yes, and Estate must be opened to pursue a malpractice/wrongful death lawsuit, and generally, the "personal representative," must reside in the State in which the Estate is opened, which again is generally where the decedent resided. There are some exceptions. You should consult with an estate lawyer on these issues.

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  • Can your license get suspended if you have an accident and didnt have insurance

    16 years old at time of accident driving parents auto with permission and was told by parent I was insured.

    Mark’s Answer

    Possibly. If the State in which you live requires you to have insurance, and you did not, it is possible that your license could be suspended, and you would likely have to pay a fine. However, if you hire a "ticket" attorney, they may be able to prevent your license from being suspended. If your parents owned the car both you, and your parents, are responsible for the damage that you caused to the other vehicle.

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  • I was driving the last car in a three car hit and run accident

    The driver of the second car claims that they were hit from behind by a hit and run driver. There was a wittness that affirms their claim (documented in a CHP report) but i believe the driver that hit me was driving to fast for the stop and go con...

    Mark’s Answer

    You should consult an attorney. Frequently, the investigating officer may discover evidence that confirms your version of how the incident occurred, including discovering witnesses. It is not unusual for an insurance company to deny a claim, in fact, it has been alleged that some insurance companies automatically deny more than 90% of claims made, even without proper investigation. It would be worthwhile for you to consult with an attorney who can assist you with discovering the truth. Frequently, the only way to do so is to file a lawsuit against the other driver.

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  • How and where do I file a lawsuit, I was rear ended by someone and turns out they let their insurance lapse?

    I've had to come out of pocket for getting my car fixed my deductible and also the doctors visits and therapy for my back. I know it's a law that you have to have insurance and this gentlemans insurance lapse. What can I do and Where do I go. ...

    Mark’s Answer

    You should consult with a personal injury attorney in the Dallas, Texas area. In some instances, insurance may exist but have coverage wrongfully denied. An attorney can assist you with discovering if in fact insurance exists. In the event there is no insurance, you can still make a claim against the other driver. If that driver is found responsible, and has assets, you may be able to make a monetary recovery against that person. Again, you should consult with an attorney in the Dallas area. Generally, the lawsuit will be filed in the county where the incident occurred.

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  • I was hit from behind and get back and neck pains off and on.. I went to my doctor and he put me on pain and muscle meds and

    sent me for an xray which was negative...the other party's ins only want to give me $250.00 for my pain and suffering...they say they go by the extend of damage on the car...should i get an attorney or what should i settle for...what if in the fut...

    Mark’s Answer

    From the information you provided, you should consult with a personal injury attorney. The consultation is free of charge. Speaking with an attorney does not mean that you have to proceed with litigation, nor does it mean that you will recover anything. However, it should ensure that your rights are protected and that you get competent advice on how to proceed. If the accident was recent, it is very possible that you could have injuries which you do not fully understand or have not been properly evaluated and diagnosed. If you "settle" with the other person's insurance company now, you will likely be barred from bringing any other claim in the future for injuries that you may have. You do not have to make that decision immediately. Consult with a local attorney.

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  • I fell at work and broke tib and fib ankle. no wet floor signs. Getting run around from bwc. Can I sue

    Fell 3 1/2 weeks ago still no pending payments from bwc. Getting different stories from employer and bwc. I dont really want to sue but I want to get paid.

    Mark’s Answer

    I can answer your question based on Florida law. Frequently, the laws in other states differ. In Florida, you are entitled to worker's compensation if you were injured while on the job. If you do not feel you are getting the benefits you are entitled to, you can sue. You will need to find a lawyer who handles workers compensation cases.

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  • I was in a car accident in feb. 2008. I have a lawyer and I am done with my treatment. He told me to bring all bills to him.

    I just want to know if there is a deadline for the case. I have been to busy with school to gather the bill and taking them over to his office

    Mark’s Answer

    There are deadlines with all cases involving personal injury. You should consult with your attorney. In Florida, the deadline is 4 years from the date of the incident to file your lawsuit. The limitation period may be less in Virginia. As it relates to your bills, your auto insurance company and/or health insurance company may have specific deadlines that are much shorter. Again, you should consult with your lawyer as soon as possible.

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  • I slipped & fell badly in a store, but chose not to get AMV. Now its been almost a month..To late to ask for medical from store?

    I didn't want to sue anyone, and just wanted a doctor check to make sure that everything is OK. I do not have insurance, and was waiting for a answer from the store. We did write rapport on the accident, and had a witness that wrote one too. I als...

    Mark’s Answer

    No it is not too late to ask for medical payment benefits. However, it sounds like you have a fairly serious injury that could require ongoing medical care. In order to ensure that you are adequately compensated it would be wise to hire an attorney. The store does not have your best interests in mind.

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  • Can i recover for pain and suffering from a slip and fall at a Major food store, caused by an unmarked spill.

    Slipped and fell on an unmarked spill on the main isle, close to the Customer service desk 7/25/07. Store help knew of the spill but didn't post a warning. They were in the process of cleaning it up. Grease residue was on the floor but no safety b...

    Mark’s Answer

    The answer to your question depends on whether you sustained an injury and the nature of your injury. If you sustained a serious injury that has resulted in a permanent impairment, the answer is yes. If you just sustained a bruise that didn't require medical treatment, and which resolved, it is unlikely that you will recover for pain and suffering. If you have a serious injury, it is best to consult with an attorney. Typically, large food store chains seldom pay compensation to an individual who is unrepresented.

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  • IF a driver has insurance on a vehicle but not the one they are driving are they still covered if they get into an accident.

    I have insurance on another vehicle but did not get a chance to change the insurance over to the new vehicle before I got into an accident. IS it the driver or the vehicle that is cover ?

    Mark’s Answer

    The answer is that it depends on your insurance policy. The majority of insurance policies follow the driver no matter what car you are driving. However, there are some insurance policies that only cover you when you are driving a "listed" automobile. You will need to read through your insurance policy to determine whether you are covered. You can also obtain the answer by asking your insurance agent and/or insurance company. Make sure to get a copy of your full insurance policy and read it.

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